Tough Questions Parents Must Answer, and How a Lawyer Can Help

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As a single parent, your children are most likely front and center of every single thing you do. From what job you take to childcare to nurseries and school runs, your children become the focus of practically every decision you make in your life.

But there are three vital questions every single parent needs to ask themselves seriously to provide everything they can for their children. Two less pleasant, one more positive.

On the darker side, who will look after your children should you not be here tomorrow? And linked to that, how will your children be provided for?

On a happier note, what if you meet someone new and begin a new life adventure as a blended family?

Starting with the less pleasant thought – how will you ensure the best future for your children if you are not here to provide it yourself?

In most cases, if your children’s other parent is alive and able to do so, they will assume the full-time parenting role.

But it may not be that simple – if the other person is not in a position to become a full-time parent, which could be for many reasons such as ill-health, incarceration, court orders, or even their own death, then you need to consider carefully whom you wish to bring up your children.

Selecting a guardian whom you trust to bring up your child as close to your wishes as possible is no easy undertaking, and it is vital it is well documented in an appropriate estate plan. Not least, you need a serious, open, and honest conversation with them about the responsibilities they would incur on your behalf.

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Many guardians are often other family members, such as grandparents or uncles and aunts, but could be close family friends. However, the courts will make any final decision – which is why legal advice and a solid estate plan are so important to prepare in advance to give the maximum weight to your wishes being carried out.

As well as appointing guardians, you need to think about how to provide for your children financially. After all, you will not be earning an income, and bringing up children is expensive. Luckily, for most people, life insurance policies are relatively cheap and easy to set up, and can provide all the money needed by your children and their guardians.

But the law does not allow minor children to be direct beneficiaries of a life insurance policy, which is why it is important to work with a lawyer to ensure any payout is handled appropriately, usually by creating a trust over which you can set terms and conditions. You may also wish to set aside a portion for the expenses the guardian incurs in raising your children.

Finally, on a brighter note, what happens should you find a new life partner? Many people have very happy lives in blended families, but it is important to establish early on how you wish to now balance potentially competing interests between your new partner and your children – and again should there be further children joining the family in the future.

How do you wish to provide for your new spouse should you pass away, but also provide for your children? What happens to the family home? Does your new spouse take responsibility for bringing up your children?

There are many questions, and many potential answers – and the right one will depend on your particular situation, which makes it all the more important to take time to sit down with a lawyer who can help you work through questions you may not even know you had to ensure a strong and secure future for your children.

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Basics of Guardianship